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1988-02-22 CITY COUNCIL REGULAR MEETING MINUTES234 M X)TES OF A MM[ AR MMING OF THE CITY COUNCIL OF THE CITY OF PEARIAND, TEXAS, HEia ON FEBRUARY 22, 1988, AT 7:30 P.M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Richard Tetens Councilmember Stella Roberts Councilmember Councilmember Councilmember City Manager City Attorney Assistant City Manager City Secretary The invocation was given by Mayor Reid. Councilmember Dennis Frauenberger. James Bost Dennis Frauenberger William E. Wolff Ronald J. Wicker Luke L. Daniel Donald Birkner Kay Krouse The Pledge of Allegiance was led by It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that the Minutes of the Regular Meeting of February 1, 1988, be approved as submitted. Motion passed 4 to 0. Councilmember Tetens abstained. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the Minutes of the Special Meeting of February 15, 1988, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY R1U3(W Mayor Reid issued a proclamation proclaiming the month of March, 1988 as Mental Retardation Month in Pearland. Mayor Reid issued a proclamation proclaiming the month of March, 1988 as Girl Scout Cookie Month in Pearland. COUNCIL ACTIVITY REPORTS Councilmember Wolff reported he had attended the Parks Board meeting on February 13 and that he was pleased to be the Council liaison to that Board. DEPAR'11NEWAL 1UNQRTS City Attorney Luke Daniel asked the audience to please remember Houston Police Officer Andrew Winzer who died in an accident last week. CITIZENS 1. Frances Jamison. Mrs. Jamison was not in the audience at this time. 2. Representative of Pearland Police Officers Association - Citizen Award Program. Officer Javier Cabellero, President of the Pearland Police Officers Association, con- ducted a Citizen Award Program on behalf of the Association giving an account of each of the noteworthy services performed by the individuals honored. Officer Cabellero 235 presented Certificates of Appreciation to Billy Koch, Jr., David Yates and Chris Armstrong. A Meritorious Service Award was presented to Tom Mansfield. Mayor Reid congratulated each of the recipients. 3. Juanita Sisneros, Representing Pearland Little League. Vivian Williams spoke in place of Ms. Sisneros, requesting Council approval of the parade route for Pearland Little League on March 26, 1988, which will kick-off the opening of this season's Little League program. The parade will begin at Alexander Lane, proceed west on FM 518 and end at Grand Blvd. Citi i10, v�.� 'twi`►Ti ► • :.: C ;,�. 1 a,; % :: : ►u Wblw : I;,N. . • :.: Assistant City Manager Don Birkner explained that the map of the parade route, the parade schedule and requirements list describing how the traffic will be handled during the parade, which had been included in the Council agenda packets, were recommended by himself and Police Chief Riemenschneider. Upon request by Council, Assistant City Manager Birkner agreed that directional signs would be positioned to instruct motorists of the alternate routes to be taken through the City during the parade time. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Council approve the parade route for the Pearland Little League to be held on March 26, 1988. Motion passed 5 to 0. DOCKED PUBLIC HEARINGS: None [1Q1Q0V1&1411101 r+iia, ORDINANCE NO. 547, ESTABLISHING SPEED LIMITS ON JOHN LIZER ROAD AND PROVIDING A PENALTY FOR VIOLATION Ordinance No. 547 was read in caption by Councilmember Wolff. (Second Reading) It was moved by Councilmember Wolff, seconded by Councilmember Frauenberger, that Ordinance -No. 547 be passed and approved on the second and final reading. Said Ordinance No. 547 reads in caption as follows: ORDINANCE NO. 547 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, ON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, ON JOHN LIZER ROAD, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR THE ERECTION OF SIGNS, HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Wolff, Frauenberger, Tetens and Bost. Voting "No" - None. 1- Motion passed 4 to 0. Councilmember Roberts abstained. NEW BUSINESS (CONTINUED) Mr. Earl Lairson of Earl Lairson &Company presented the Annual Financial Report for the Fiscal Year ending September 30, 1987. Mr. Lairson reviewed with Council the highlights of this report. 236 ACCEPTANCE OF AMIT INTO ARDS OF THE CITY It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that Council accept the Audit for 1987 into the records of the City. Motion passed 5 to 0. RESOLUTION N0. R88-7, RESOLUTION AUnKWZING MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY AND CALAME, LINEBARM & GRAHAM FOR DELINQUENT TAX COLLECTION Tax Collector Barbara Lenamon advised that this firm has been our delinquent tax attorneys for the past six years and has done a good job for us. Resolution No. R88-7 was read in its entirety by Councilmember Frauenberger. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Resolution No. R88-7 be passed and approved on the first and only reading. Said Resolution No. R88-7 reads in caption as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND CALAME, LINEBARGER & GRAHAM FOR DELINQUENT TAX COLLECTION. Voting "Aye" - Councilmembers Roberts, Bost, Tetens, Frauenberger and Wolff. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R88-8, RESOLUTION GIVING NOTICE OF INTENT TO ISSUE $250,000 IN CERTIFICATES OF OBLIGATION FOR FINAL COVER OF LANDFILL City Manager Ron Wicker explained that over a month ago Staff opened bids on the final cover for the landfill and, in looking over the amount of these bids, realized the $100,000 we had budgeted would not be sufficient to complete the project. Since that time we have looked into the possibility of issuing Certificates of Obligation and met with our Financial Advisor Frank Ildebrando on this matter. We are now recommending, Mr. Wicker said, issuing $250,000 in Certificates of Obligation, for the total anticipated amount of the project, over a period of three to five years. When questioned by Council, Mr. Wicker said he would recommend not committing the $100,000 budgeted for landfill cover, but rather sell $250,000 in certificates, and then, if the project cost is more than $250,000, use the budgeted funds. Frank Ildebrando reviewed with Council the schedule of events to happen when selling the certificates. He informed Council he would negotiate the sale with local banks and if individuals in the community were interested they could contact the bank that purchased the certificates. Resolution No. R88-8 was read in its entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Resolution No. R88-8 be passed and approved on the first and only reading. Said Resolution No. R88-8 reads in caption as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFI- CATES OF OBLIGATION FOR FINAL COVER OF LANDFILL. Voting "Aye" - Councilmembers Wolff, Frauenberger, Tetens, Bost and Roberts. Voting "No" - None. Motion passed 5 to 0. 237 Certificate for Resolution and Resolution No. R88-8 read as follows: THE STATE OF TEXAS COUNTIES OF BRAZORIA AMID HARRIS We, the undersigned officers of the City Council of the CITY OF PEARLAND, TEXAS, hereby certify as follows: 1. That the City Council of the CITY OF PEARLAND, TEXAS, convened in regular session on February 22, 1988, at the regular meeting place thereof, within the City and the roll was called of the duly constituted officers and members of the City Council, to -wit: Tom Reid Mayor Stella Roberts Councilmember Richard F. Tetens Councilmember James E. Bost Councilmember Dennis Frauenberger Councilmember William E. Wolff Councilmember Kay Krouse City Secretary and all of said persons were present, except the following absentee(s): None , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO.ISSUE CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1988 was duly introduced for the consideration of the City Council and read in full. It was then duly moved and seconded that said resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of the resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. A true, full and correct copy of the aforesaid resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that the resolution has been duly recorded in the City Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of said meeting pertaining to the adoption of the resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and purpose of the aforesaid meeting, and that the resolution would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by Vernon's Texas Civil Statutes, Article 6252-17, as amended. SIGNED AND SEALED this 22 day of February, 1988. /s/ Kay Krouse, City Secretary /s/ Tom Reid, Mayor 238 •J 0�.. •:: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR FINAL COVER OF LANDFILL. THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND WHEREAS, the City Council of the City of Pearland, Texas (the "City"), — deems it advisable to issue Certificates of Obligation of the City in accordance with the notice hereinafter set forth; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. The City Secretary is hereby authorized and directed to cause to be published in the manner required by law and in substantially the following form, a notice of intention to issue Certificates of Obligation: NOTICE OF INTENTION TO ISSUE CERTIFICATES OF :OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Pearland, Texas (the "City"), will meet in the City Hall, City of Pearland, Texas, at 7:30 p.m. on the 14th day of March, 1988, to adopt an ordinance and take such other action as may be deemed necessary to authorize the issuance of the City's Combination Tax and Revenue Certificates of Obligation, Series 1988, payable from City ad valorem taxes and certain revenues of the waterworks system of the City, in the maximum aggregate principal amount of $250,000, bearing interest at a rate or rates not in excess of that prescribed by Article 717k-2, Vernon's Texas Civil Statutes, as now or hereafter amended, and maturing over a period of years not to exceed forty (40) years from the date thereof, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of construction of public works; purchasing materials, supplies, equipment, machinery; and the cost of professional services incurred in connection therewith. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 22 day of February, /s/ Kay Krouse City Secretary CITY OF PEARLAND, TEXAS (SEAL) Section 3. The notice set forth in Section 2 above shall be published in both English and Spanish once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be not less than fourteen (14) days prior to the date tentatively set in said notice for the passage of the ordinance authorizing the issuance of such Certificates of Obligation. Section 4. The Mayor, City Secretary, and other officers of the City are hereby authorized and directed to do any and all things necessary or desirable to -... carry out the provisions of this resolution. Section 5. This resolution shall take effect immediately upon its passage. Section 6. It is hereby officially found and determined that the need of the City for such financing creates an emergency and an urgent public necessity for the holding, at the scheduled time, of the meeting of the City Council at which this resolution is adopted and for the adoption of this resolution; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, and ratified. PASSED AND APPROVED this 22 day of February, 1988. /s/ Tom Reid Mayor CITY OF PEARLAND, TEXAS ATTEST: /s/ Kay Krouse City Secretary CITY OF PEARLAND, TEXAS (SEAL) APPROVED AS TO FORM AND LEGALITY: /s/ Luke L. Daniel City Attorney CITY OF PEARLAND, TEXAS 239 City Manager Ron Wicker explained that the City will be in the position of selling some bonds in the upcoming months to finance the, City's portion of the cost of the FM 518 widening project. These bonds have already been voted and passed on by the citizens of Pearland. Frank Ildebrando from Underwood -Neuhaus & Company will be assisting us in proceeding with the sale of the bonds, Mr. Wicker said. Frank Ildebrando presented Council with a Schedule of Events for the sale of $2,000,000 in bonds and reviewed the items with Council. Mr. Ildebrando said that the current market conditions are extremely favorable; he is estimating 7.5% interest rate. Mayor Reid received the Schedule of Events into the records of the City. !'C�q ISI' • l C.14 • •;' • N I • • : 1' '�D' • City Attorney Luke Daniel explained that under the new rules of the State of Texas in the Election Code for holding a general or regular election of the City to elect city officers, the election date used in the past, the first Saturday in April, has been changed to the first Saturday in May. The new election date has voided our Charter provision for conducting a runoff election. The State has precleared with the Justice Department the holding of a general election on the first Saturday in May; however, the State law gives cities two choices for a runoff date, either the last Saturday in May or the next to last Saturday in May. Each city has to obtain pre- clearance from the Justice Department for the date of their choice. Because the last Saturday in May would always be the Memorial Day weekend, it is recommended that the next to last Saturday be selected for our runoff date, Mr. Daniel advised. Resolution No. R88-9 was read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Resolution No. R88-9 be passed and approved on the first and only reading. Said Resolution No. .— R88-9 reads in caption as follows: •40 •, • • : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING THE RUNOFF ELECTION DATE FOR REGULAR. AND GENERAL ELECTIONS TO BE HELD IN THE CITY; AUTHORIZING THE CITY ATTORNEY TO APPLY FOR PRECLEARANCE FROM THE DEPARTMENT OF JUSTICE FOR SAID RUNOFF DATE; AMID HAVING AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Roberts, Bost, Tetens, Frauenberger and Wolff. Voting "No" - None. i 240 Motion passed 5 to 0. �,' `yl :�� ►�7.�. 1�.� J��� ��ti : 11;; � : ��1�.: P,� : ►II �1�6i1�� l������1I1���I�11i� City Manager Ron Wicker explained that when the new City Hall was constructed we had a certain amount of funds designated for purchase of furniture. Fortunately, we were given a considerable amount of furniture by Chevron, so we still have some funds available that have to be spent on the City Hall project. City Staff, Mr. Wicker said, is asking for authorization to request proposals on hardware and software for a utility billing package to be used in the Customer Service Department. This computer package would be one that would be expandable in steps for use by other departments such as tax, permits and finance. When questioned by Council, Assistant City Manager Don Birkner confirmed that the software packages that Staff will be looking at will have a customer note section so that a volunteer contribution line could be put on the water bills. Council questioned whether the purchase of this computer system was the most cost effective use of these funds. City Manager Ron Wicker stated that he believed that it will not only save money but make the operation more efficient. It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that Staff be authorized to make requests for proposals for hardware and software utility billing for City Hall. Motion passed 4 to 1. Councilmember Wolff voted against. CITIZENS (CONTINUED) Frances Jamison, FM 518, Pearland. Mrs. Jamison spoke concerning her 1966 taxes and asked Council to straighten out the records. ORDEVaiM NO. 509-A, SIGN ORDINANUE Leroy Savoie, Chairman of the Planning and Zoning Commission, spoke to Council concerning the current status of the proposed Sign Ordinance. He reviewed the high- lights of the draft ordinance that the Commission had submitted to Council. There was a general discussion between Council and Chairman Savoie on several items in the draft ordinance. Mayor Reid reported on the history of the development of the sign ordinance and commended Chairman Savoie and other members of the committee for their work on this ordinance. Mayor Reid advised that Council will schedule a workshop on this item. L -A 4 :W1,01,.31 Ip MEETING RECESSED TO EXECUTIVE SESSION AT 9:24 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Reid read, from the posted agenda, the topics to be discussed in Executive Session. MEETING RE'1'URNFD TO OPEN SESSION AT 9:41 P.M. Mayor Reid read the following items which were discussed in Executive Session and signed a certification to that effect: UNDER SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: Council heard a report from the City Attorney concerning delinquent tax suits, taxes prior to 1969 and also a report on the status of Ford vs. Pearland Wrecker lawsuit. NEW BUSINESS (CONTINUED) REMOVAL FROM THE DE ;ENQUENT TAX ROLLS OF ALL PENDING DE .INQUENT TAX MATTERS ARISING PRIOR TO 1969 It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the City of Pearland remove from the delinquent tax rolls all pending delinquent tax matters arising prior to January 1, 1969. 241 Motion passed 4 to 1. Councilmember Wolff abstained. Meeting adjourned at 9:43 P.M. Minutes approved as presented and/or corrected this day of A. D., 1988. ATTEST: le . 6 /,) City S retary